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The apex court-cleared guidelines entail that a recognized party
at the national or state level, or their candidates proposing to
issue advertisements on electronic media will have to apply to the
EC or its designated official three days before the proposed date
of telecast. In case of unrecognized parties and candidates, who
may also include independents, a seven-day clearance period has
been designated.
The court also has directed the Election Commission to order chief
electoral officers in each state to form committees in each district
to approve such advertisements. The guidelines come into effect
from 16 April and remain in force till 10 May.
According to news agency reports, a three-judge bench has also
said that private parties issuing political advertisements would
have to make payments by cheque to the television channels concerned
and also disclose their sources of funding.The order, by and large,
resolves the confusion regarding political advertisements in the
electronic media in the last few weeks. The case had reached the
Supreme Court in the form of a Special Leave Petition filed by the
information and broadcasting ministry, challenging an Andhra Pradesh
high court order, which had lifted the ban on political advertisements
in the electronic media.
The bench, comprising Chief Justice V N Khare and Justices S B
Sinha and S H Kapadia, heard senior counsel K K Venugopal, appearing
for the Election Commission, Attorney General Soli J Sorabjee for
the Centre and K Ramakant Reddy for the Gemini TV before delivering
an order, which is binding on all political parties, candidates
and any other persons desirous of issuing ads on TV channels, agencies
reported.
The court had on 2 April banned telecasting of ''mudslinging''
and surrogate advertisements on the electronic media. It also directed
that no TV channel or cable network would telecast any advertisement
that did not conform to the law of the land and offended morality,
decency and the religious susceptibility of the viewers or was ''shocking,
disgusting and revolting in nature.''
The SC, while staying an Andhra Pradesh high court's interim order
dated 23 March removing a ban on political advertising on TV channels,
also ordered that the provision banning canvassing 48 hours before
the polling would be applicable to political advertisements in electronic
media, agencies report.
Meanwhile, political parties welcomed SC's decision saying the
guidelines would bring some decorum.
According to a senior BJP leader, opposition parties, especially
the Congress, would not be able to take potshots at senior BJP leaders.
A Congress leader, while pointing out that it was a BJP front organisation
that had started it all, admitted the country could do without such
mud-slinging.
See earlier story -
SC fixes Tuesday
for final hearing on 'offensive' poll ads
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